Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-03-067.

     Title of Rule and Other Identifying Information: Recreational crab fishing rules.

     Hearing Location(s): Tyee Center, 5757 Littlerock Road S.E., Tumwater, WA, on May 14, 2005, at 9:00 a.m.

     Date of Intended Adoption: May 14, 2005.

     Submit Written Comments to: Fish and Wildlife Commission, 600 Capitol Way, Olympia, WA 98501-1091, e-mail commission@dfw.wa.gov, fax (360) 902-2155 by May 11, 2005.

     Assistance for Persons with Disabilities: Contact Susan Yeager by May 6, 2005, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending rules on recreational crab harvest to fit sport harvest within commission guidelines. Consideration will be given to seasons, days of the week, daily and annual harvest limits, and gear setting and removal periods.

     Reasons Supporting Proposal: Allow for recreational harvest without exceeding allocation limits.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Fish and Wildlife, governmental.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not directly regulate small businesses. These regulations only affect recreational crab fishers.

     A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.

March 9, 2005

Evan Jacoby

Rules Coordinator

OTS-7926.1

AMENDATORY SECTION(Amending Order 05-15, filed 2/10/05, effective 5/1/05)

WAC 220-56-310   Shellfish -- Daily limits.   It is unlawful for any one person to take in any one day for personal use more than the following quantities and sizes of shellfish:

     (1) Cockles, borers and clams in the shell, other than razor clams, geoduck clams and horse clams, 40 clams in the aggregate, or 10 pounds, whichever is achieved first except:

     (a) In Skagit Bay, east of a line projected from Browns Point to Swinomish Slough entrance - diggers may additionally retain up to 20 pounds of eastern softshell clams in the shell.

     (b) Willapa Bay - diggers may additionally retain up to twenty-four cockles.

     (2) Razor clams: 15 clams.

     (3) Geoduck clams: 3 clams.

     (4) Horse clams: 7 clams.

     (5) Oysters: 18 oysters, shucked and the shells left on the beach. Minimum size before shucking two and one-half inches along the longest dimension of the shell.

     (6) Rock scallops: 12 scallops.

     (7) Weathervane scallops: 12 scallops (over 4 inches).

     (8) Spiny and pink scallops: 10 pounds or 5 quarts in the shell, in the aggregate.

     (9) Shrimp: In all waters - First Saturday in May through May 31, daily limit 80 shrimp. During all other open periods total weight 10 pounds, maximum 80 spot shrimp as part of the 10 pound limit. Spot shrimp: First Saturday in May through May 31 in all waters and in Areas 1 through 3 and Area 4 west of the Bonilla-Tatoosh line during the remainder of the year, no minimum size; June 1 through October 15 in Area 4 east of the Bonilla-Tatoosh line and Areas 5 through 13, minimum size one and three-sixteenths inch from the base of the eyestalk to the top rear edge of the carapace.

     (10) Octopus: 1 octopus.

     (11) Pinto abalone: Closed statewide.

     (12) Crawfish: 10 pounds in the shell. Minimum size 3 1/4 inches from tip of rostrum to tip of tail. Female crawfish with eggs or young attached to the abdomen must be released immediately.

     (13) Squid: 10 pounds or 5 quarts.

     (14) Sea cucumbers: 25 sea cucumbers.

     (15) Red sea urchins: 18 sea urchins.

     (16) Purple sea urchins: 18 sea urchins.

     (17) Green sea urchins: 36 sea urchins.

     (18) Dungeness crabs:

     (a) In ((all waters)) Area 1 except ((the Columbia River and)) when fishing from the north jetty of the Columbia River and Areas 2, 3, 4, 5, 9, 10, 13 and those waters of Area 7 described in WAC 220-56-330 (1)(c) - 6 male crabs.

     (b) In Areas 6, 8-1, 8-2, 11, 12 and those waters of Area 7 described in WAC 220-56-330 (1)(b) and (d) - 4 male crabs.

     (c) In the Columbia River upstream of a line from the outermost end of the north jetty to the exposed end of the south jetty, or when fishing from the north jetty of the Columbia River - 12 male crabs.

     (19) Red rock crabs: 6 crabs.

     (20) Mussels: 10 pounds in the shell, in the aggregate.

     (21) Goose barnacles: 10 pounds of whole barnacles or 5 pounds of barnacle stalks.

     (22) Ghost and mud shrimp: 10 dozen.

     (23) King and box crab: Closed statewide.

     (24) Tanner crabs: 6 crabs.

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), § 220-56-310, filed 2/10/05, effective 5/1/05; 04-17-088 (Order 04-217), § 220-56-310, filed 8/16/04, effective 9/16/04; 04-07-009 (Order 04-39), § 220-56-310, filed 3/4/04, effective 5/1/04; 02-08-048 (Order 02-53), § 220-56-310, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-310, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), § 220-56-310, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), § 220-56-310, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-310, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-310, filed 3/19/97, effective 5/1/97; 95-04-066 (Order 95-10), § 220-56-310, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), § 220-56-310, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-310, filed 5/12/92, effective 6/12/92; 90-06-026, § 220-56-310, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-310, filed 3/16/89; 88-12-025 (Order 88-28), § 220-56-310, filed 5/25/88, effective 8/22/88; 88-10-013 (Order 88-15), § 220-56-310, filed 4/26/88; 87-09-066 (Order 87-16), § 220-56-310, filed 4/21/87; 86-24-046 (Order 86-190), § 220-56-310, filed 11/26/86; 86-09-020 (Order 86-08), § 220-56-310, filed 4/9/86; 85-12-046 (Order 85-57), § 220-56-310, filed 6/5/85; 84-09-026 (Order 84-22), § 220-56-310, filed 4/11/84; 83-04-027 (Order 83-06), § 220-56-310, filed 1/27/83; 82-07-047 (Order 82-19), § 220-56-310, filed 3/18/82; 80-03-064 (Order 80-12), § 220-56-310, filed 2/27/80, effective 4/1/80.]

     (2) It is unlawful to use more than two units of gear at any one time except:

     (a) In Puget Sound waters it is unlawful to use at any one time more than two units of crab gear and two additional units of shrimp gear.

     (b) It is unlawful for the operator of any boat from which shrimp pots are set or pulled in Catch Record Card Areas 4 through 13 to have on board or to fish more than four shrimp pots.

     (c) In the Columbia River it is unlawful to use more than three units of crab gear.

     (3) It is unlawful for any person to operate a shellfish pot not attached to a buoy bearing that person's name, except that a second person may assist the pot owner in operation of the gear.

     (4) It is unlawful to salvage or attempt to salvage shellfish pot gear from Hood Canal that has been lost without first obtaining a permit authorizing such activity issued by the director, and it is unlawful to fail to comply with all provisions of such permit.

     (5) It is unlawful to fish for or possess crab taken for personal use from the waters of Fidalgo Bay within 25 yards of the Burlington Northern Railroad trestle connecting March Point and Anacortes.

     (6) It is unlawful to fish for or possess crab taken for personal use with shellfish pot or ring net gear from the waters of Padilla Bay or Swinomish Slough within 25 yards of the Burlington Northern Railroad crossing the northern end of Swinomish Slough except from one hour before official sunrise to one hour after official sunset.

     (7) It is unlawful to dig for or possess ghost or mud shrimp taken for personal use by any method except hand operated suction devices or dug by hand.

     (8) One unit of gear is equivalent to one ring net or one shellfish pot. It is unlawful to have more than one unit of unattended gear attached to a buoy line or to fail to have a separate buoy for each unit of gear.

     (9) ((Each unit of gear must be attached to its own buoy line and have a separate buoy for each unit of gear.)) In waters open only on certain days or certain hours during the day, except for the night closure set out in subsection (10) of this section, it is unlawful to fail to remove gear from the water when fishing for shellfish is not allowed, and it is unlawful to fail to remove gear from the water by one hour after sunset if fishing is not allowed on the next calendar day. In waters that are open continuously except for the night closure set out in subsection (10) of this section, gear may be left in the water during the night closure.

     (10) ((No fisher may)) It is unlawful to set or pull shellfish pots, ring nets or star traps from a vessel in Catch Record Card Areas 1-13 from one hour after official sunset to one hour before official sunrise.

     (11) It is unlawful to possess soft-shelled crab for any personal use purpose. Violation of this subsection shall be an infraction, punishable under RCW 77.15.160.

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), § 220-56-315, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-315, filed 3/4/04, effective 5/1/04; 02-19-014 (Order 02-224), § 220-56-315, filed 9/6/02, effective 10/7/02; 02-08-048 (Order 02-53), § 220-56-315, filed 3/29/02, effective 5/1/02; 01-07-024 (Order 01-39), § 220-56-315, filed 3/14/01, effective 4/14/01. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-315, filed 3/29/00, effective 5/1/00; 98-06-031, § 220-56-315, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 94-14-069, § 220-56-315, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), § 220-56-315, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-315, filed 5/12/92, effective 6/12/92; 89-07-060 (Order 89-12), § 220-56-315, filed 3/16/89; 81-05-027 (Order 81-13), § 220-56-315, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), § 220-56-315, filed 2/27/80, effective 4/1/80.]

     (a) Marine Area((s)) 4 east of the Bonilla-Tatoosh line, and Areas 5, 6, 8-1, 8-2, 9, 10, 11, 12 and 13 - Open 7:00 a.m., ((June)) July 1. Marine Area 4 east of the Bonilla-Tatoosh line and Areas 5, 9, 10, 12 and 13 are open only Monday through Saturday of each week and open through the last day in February. Marine Areas 6, 8-1, 8-2 and 11 are open only Wednesday through Saturday of each week and are open through the Saturday of Labor Day weekend.

     Marine Area 12 is open only Tuesday through Saturday of each week and open through the last day in February.

     (b) Those contiguous waters of Marine Area 7 north, south and east of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island, and a line that extends from the Anacortes ferry dock at Shannon Point, northward to the southeastern tip of Sinclair Island, thence from the northernmost tip of Sinclair Island through Lummi Rocks to Lummi Island (southeast Hale Pass, Bellingham Bay, Samish Bay, Padilla Bay, eastern waters of Bellingham Channel, Guemes Channel and ((Fidaldo)) Fidalgo Bay) - Open 7:00 a.m. July 16 through March 15 and open only Monday through Saturday of each week.

     (c) Those waters of Marine Area 7 north and east of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island due west to the international boundary and north of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island - Open 7:00 a.m. August 16 through April 15.

     (d) Waters of Marine Area 6 and those waters of Marine Area 7 south and west of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island due west to the international boundary; and westerly of a straight line from the northernmost tip of Sinclair Island through Lummi Rocks to Lummi Island; and west of a line projected from the southeast point of Sinclair Island to the ferry dock at Shannon Point - Open 7:00 a.m. June 16 through last day in February and open only Wednesday through Saturday of each week.

     (((e) Marine Areas 8-1 and 8-2 - Open 7:00 a.m., the first Friday in June through September 30.))

     (2) It is unlawful to fish for or possess crab taken for personal use with shellfish pot gear from Marine Areas 1, 2, 3, and Area 4 west of the Bonilla-Tatoosh line except during the period December 1 through September 15. Open to gear other than shellfish pot gear year-round.

     (3) The Columbia River upstream from a line projected from the outermost end of the north jetty to the exposed end of the south jetty is open to crab fishing for personal use year-round.

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), § 220-56-330, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-330, filed 3/4/04, effective 5/1/04; 01-06-036 (Order 01-24), § 220-56-330, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-330, filed 3/29/00, effective 5/1/00; 99-08-029 (Order 99-13), § 220-56-330, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-330, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-330, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), § 220-56-330, filed 5/13/96, effective 6/13/96; 93-08-034 (Order 93-20), § 220-56-330, filed 3/31/93, effective 5/1/93; 90-06-026, § 220-56-330, filed 2/28/90, effective 3/31/90; 86-09-020 (Order 86-08), § 220-56-330, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-330, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-330, filed 4/11/84; 80-03-064 (Order 80-12), § 220-56-330, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]

OTS-7943.1

AMENDATORY SECTION(Amending Order 95-10, filed 1/30/95, effective 5/1/95)

WAC 220-56-312   Shellfish -- Possession limits.   (1) Fresh shellfish possession limit: It is unlawful for any one person to possess at any time more than one daily limit of fresh shellfish. Additional shellfish may be possessed in a frozen or processed form.

     (2) Dungeness crab annual possession limit: It is unlawful for any person in any licensing year to take or possess more than 48 Dungeness crab taken for personal use from state waters.

[Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-312, filed 1/30/95, effective 5/1/95; 86-09-020 (Order 86-08), § 220-56-312, filed 4/9/86.]

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